International Law & World Order: Weston's & Carlson's Basic Documents III.S.5 UNESCO Declaration of Bizkaia on the Right to the Environment (24 September 1999)

2013 ◽  
Vol 5 (1) ◽  
pp. 1-34 ◽  
Author(s):  
Steven Ratner

Academic discourse on global justice is at an all-time high. Within ethics and international law, scholars are undertaking new inquiries into age-old questions of building a just world order. Ethics – within political and moral philosophy – poses fundamental questions about responsibilities at the global level and produces a tightly reasoned set of frameworks regarding world order. International law, with its focus on legal norms and institutional arrangements, provides a path, as well as illuminates the obstacles, to implementing theories of the right or of the good. Yet despite the complementarity of these two projects, neither is drawing what it should from the other. The result is ethical scholarship that often avoids, or even misinterprets, the law; and law that marginalizes ethics even as it recognizes the importance of justice. The cost of this avoidance is a set of missed opportunities for both fields. This article seeks to help transform the limited dialogue between philosophers and international lawyers into a meaningful collaboration. Through a critical stocktaking of the contributions of the two disciplines, examining where they do and do not engage with the other, it offers an appraisal of the causes and costs of separation and an argument for an interdisciplinary approach.


1998 ◽  
Vol 2 ◽  
pp. 72-90 ◽  
Author(s):  
Pauline Kleingeld

In debates over the conditions for a just world order, one hears frequent appeals to Kant's call for states to unite in a federation. Given the force of Kant's arguments and their influence on the shape of such institutions as the League of Nations and the United Nations, this is certainly justified. But an essential part of what Kant saw as necessary for a global legal order is usually neglected. What is overlooked is Kant's emphasis on the status of individuals under what he calls ‘cosmopolitan law’. Cosmopolitan law is concerned not with the interaction between states, but with the status of individuals in their dealings with states of which they are not citizens. Moreover, it is concerned with the status of individuals as human beings, rather than as citizens of states. In Kant's political theory, cosmopolitan law (Weltbürgerrecht) is the third category of public law, in addition to constitutional law and international law. Its core is what Kant calls a right to hospitality. He argues that states and individuals have the right to attempt to establish relations with other states and their citizens, but not a right to enter foreign territory. States have the right to refuse visitors, but not violently, and not if it leads to their destruction. This implies an obligation to refrain from imperialist intrusions and to provide safe haven for refugees.


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